Notice to Keeper 101 days later.

Grammatoncleric

Hello all. Thank you all for such brilliant forum and the work that has gone into it. I have read the Newbies! thread so apologies if the answer is there (I did read well, promise!).

My mother received a NtK for £100 from PCS (Parking Collection Services) which is 101 days from the date the CPN was issued. The company is BPA registered.

As per the Newbies! Thread I intend to appeal with the expectation I will receive a POPLA code.

Also to emphasise my mother was not the driver but of course there is the keeper liability which I understand.
Also might be worth mentioning the car was apparently parked on a hatched box next to a parking bay (I am assuming there was no other parking bays available and so was parked there). This was in a hospital. I have called the hospital and they say they cannot cancel it and the £100 sum represents the £60 "fine" plus the £40 DVLA request for information.

My question was aside from stating the 56-day rule in order to you "gain a winning point at POPLA stage", should I mention anything else to help me at the POPLA stage?

Thanks you guys in advance

GC

Coupon-mad

I have called the hospital and they say they cannot cancel it and the £100 sum represents the £60 "fine" plus the £40 DVLA request for information.

Haha! Shows how much the Hospital knows. The DVLA charge £2.50!

My question was aside from stating the 56-day rule in order to you "gain a winning point at POPLA stage", should I mention anything else to help me at the POPLA stage?

No need, I would not mention where the car was parked. Definitely state the 56 day rule and that the keeper was not the driver, so cannot be held liable under any law. As you understand the situation, you don't really have to use any template and can talk about keeper liability (as long as you don't imply who was driving, and submit the appeal in the rk's name).

Guys_Dad

Good advice from c-m above.

Simple letter stating that you decline to name the driver and refer them to the relevant section in POFA 2012 that means they can not claim Keeper Liability. Tell tghem you will not communicate again and look forward to discussing POFA with them in court if they are foolish enough to take it further.

Grammatoncleric

thank you Coupon-Mad and Guys Dad. Would you recommend I wait until the end of the 28 day period to reply (say around day 26) or reply now? (letter sent on 31st March)

Coupon-mad

Reply now, no need to wait once you are replying to a postal PCN/NTK.

Grammatoncleric

ok will do. Will keep you guys posted.

Grammatoncleric

Just an update.
Since appealing the ticket (or more specifically rejecting the request to name the driver in the NtK letter) on the parking company’s own website form way back in April, I’m yet to hear from them again or receive a POPLA code so I’m assuming they’ve just let it go!
Will post back it anything changes
Regards
GC